thad cochran reply brief in support of motion to dismiss 082714

8/11/2019 Thad Cochran Reply Brief in Support of Motion to Dismiss 082714

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IN THE CIRCUIT COURT OF JONES COUNTY, MISSISSIPPISECOND JUDICIAL DISTRICT

CHRIS MCDANIEL PETITIONER

VS. CAUSE NO. 2014-76-CV08

THAD COCHRAN RESPONDENT ______________________________________________________________________________

RESPONDENT’S REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS ______________________________________________________________________________

COMES NOW Respondent Thad Cochran, by and through undersigned counsel, and

submits his reply memorandum in support of his motion to dismiss Petitioner Chris McDaniel’s

“Petition for Emergency Hearing Injunctive Relief and Judicial Review” (“the Petition”) as

follows:

INTRODUCTION

The legislative history and purpose of the Mississippi Election Code makes two things

clear: (1) no material changes were intended or made when the current Mississippi Election Code

was enacted in 1986; and (2) Kellum v. Johnson , 115 So. 2d 147 (Miss. 1959), remains

applicable in its interpretation of our current statutory scheme.

L EGISLATIVE H ISTORY OF T HE M ISSISSIPPI E LECTION C ODE

In the Mississippi Code of 1942, the election statutes were not contained in a single title

and chapter, but were instead scattered throughout the Code. Legal commentators note, “the

Code previously contained a hodgepodge of statutes that, while probably coherently ordered

when originally enacted, had no apparent structure by 1986.” R. Andrew Taggart & John C.

Henegan, The Mississippi Election Code of 1986: an Overview , 56 Miss. L.J. 535, 537 n.12

(1986). This was due in part to an attempted recodification in 1972, in which some newly



2

contemplated provisions were approved by the United States Attorney General 1 and signed into

law, but others were excluded. 2 Thus, by 1984, “Mississippi’s election laws were spread over 11

chapters of the 1972 Code, and were further supplemented by a substantial body of law found in

the Mississippi Code of 1942.” Taggart & Henega n at 537 n.12.

Thus, “[t]he prime motivation in enacting the Election Code was a broad desire to

consolidate the entire body of Mississippi’s election law.” Id. at 537. Accordingly, in 1984 “a

25-member Election Law Task Force” was appointed “to recodify Mississippi election law.” Id.

at 537, 538. Once developed, “[t]he 1986 bill was signed into law on April 16, 1986” and

“would become effective from and after January 1 , 1987, pending approval under the VotingRights Act.” Id. at 547. It was thereafter submitted to the United States Justice Department and

approved. See id. at 547-48. 3 The intended goal of consolidation and organization was

achieved. “The Mississippi Election Code now appears in a special pamphlet to the Mississippi

Code of 1972, Annotated, and is codified by the sequential numbering of the sections of the Act

in a single chapter of the Code Title 23.” Id. at 537 n.12.

Regarding the specific statutes at issue in this case, the drafters of the 1986 Election Code

were clear in their intent to re-adopt the 1942 Code sections with only minimal changes. In

1 At the time, legislative changes to the election laws required preclearance by United States AttorneyGeneral pursuant to Section 5 of the Voting Rights Act of 1965, 89 P.L. 110, 79 Stat. 437 (Aug. 6, 1965).

2 Importantly, the sections in this case pertaining to primary elections were among those that did not receiveapproval and were, therefore, not effectively recodified in 1972. See, e.g. , Jones v. Moorman , 327 So. 2d 298 (Miss.1976) (finding Section 34, Chapters 506 and 508, Laws of 1970 did not repeal section 3143 and other sections

dealing with primary elections because they did not receive approval from the United States Attorney General).

3 See also McDaniel v. Beane , 515 So. 2d 949, 951 n.1 (Miss. 1987) (“[T]he provisions of chapter 495 weresubmitted on November 3, 1986, to the Attorney General of the United States for consideration and preclearanceunder the provisions of the Voting Rights Act of 1965, as amended and extended. On December 31, 1986, and onJanuary 2, 1987, the Attorney General of the United States interposed no objections to the changes involved inchapter 495, Laws of 1986 , thereby implementing the effective date of January 1, 1987, of the Mississippi ElectionCode.”).



3

submissions to the United States Justice Department, the Legislature stressed that its changes to

§§ 3143 and 3144 were “made for clarification only” and “to reflect current practices.” 4 See

Affidavit of William A. Neely, Jr. at Ex. “A,” attached as Supp. Ex. “ A” to Resp.’s Mot.

For the Court’s clarification, Respondent submits a “track change ” comparison of each

version of the pertinent statutes. See Supp. Ex. “B” to Resp.’s Mot . As shown in Exhibit B and

discussed in greater detail below, the substantial similarity of the prior and current statute

versions is not limited to the election challenge statutes, but also pertains to every statute cited in

Petitioner’s Response.

L EGAL E FFECT OF R EPEALING AND R E -E NACTING P RIOR STATUTES IN 1986 E LECTION C ODE Petitioner and Respondent agree that the re- enactment of legislation without “material

change” constitutes legislative approval and adoption of prior judicial interpretations. See Resp.

at 9-10. 5 Where the parties disagree relates to the effect of a statutory “repeal.” Petitioner

contends throughout his Response that the formal “repeal” of the prior 1942 Code election

statutes in 1986 somehow “strip ped ” Kellum of its precedential authority. See id. at 7, 10. This

is legally incorrect. It is settled Mississippi law that:

4 Specifically, the Legislature removed language regarding senatorial and flotorial executive committees because they no longer exist and “their former duties are performed by the state executive committee.” See Aff. ofWilliam A. Neely, Jr. at Ex. “A,” attached as Supp. Ex. “ A” to Resp.’s Mot. The proposed change also added to§ 3144 – now Mississippi Code § 23-15-923 – the phrase “and in legislative districts composed of more than onecounty or parts of more than one county,” acknowledging the existence of such districts. See id.

5 This is a settled principle of statutory construction in Mississippi:

When a statute is repeatedly re-enacted in essentially the same language and byits retention in all subsequent codes, a decision of this Court interpreting thestatute becomes in effect a part of the statute. Therefore, if the statute is to beamended, it should be done by the legislature and not by judicial decision.

Crosby v. Alton Ochsner Medical Foundation , 276 So. 2d 661, 670 (Miss. 1973).

http://www.lexis.com/research/xlink?app=00075&view=full&searchtype=le&search=276+So.+2d+661%2520at%2520670





4

Where the provisions of a statute are carried forward and embodiedin a codification or revision, in the same words, or which aresubstantially the same and not different in meaning, the latterprovisions will be considered as a contin uance of the old l aw andnot as a new or ori ginal enactment , and this is true both where

there is an express declaration to that effect in the codification orrevision, and also in the absence of such declaration. Thi s ru leapplies although the statute brought forward has beensimultaneously repealed by the codification or revision . Theeffect of the continuance of the old law is that all rights andinterests thereunder are preserved.

State Tax Comm’n v. Miss. Power Co. , 160 So. 907, 909 (Miss. 1935) (emphasis added). See

also Doe, et al. v. Attorney W. , 410 So. 2d 1312, 1315 (Miss. 1982); McDonald v. State Tax

Comm’n , 158 Miss. 331, 130 So. 473 (Miss. 1930); Abbay v. Bd. of Levee Comm’rs , 83 Miss.

102, 35 So. 426 (Miss. 1903); State v. Hill , 70 Miss. 106, 11 So. 789 (Miss. 1892); Anding v.

Levy, 57 Miss. 51 (Miss. 1879). Thus, the repeal of the 1942 Code election statutes is of no

moment. The question for the Court is whether the pertinent election contest statutes

“materially ” or “substantial ly” changed when they were carried forward into the 1986 Election

Code. As explained in detail above and below, they did not.

C LOSE ANALYSIS OF THE PRIOR AND C URRENT E LECTION C ONTEST STATUTE

A side-by-side comparison of the statutes reveals there were no material changes. See

Supp. Ex. “B” to Resp.’s Mot . In fact, all pertinent sections of the 1986 Code, including the

statutory timelines discussed throughout Petitioner’s Response, existed in the Code of 1942 in

virtually identical form. For example, the 20-day deadline to initiate an election contest existed

in § 3143. That same 20-day deadline was carried forward in 1986 and exists today in § 921.

Section 3144 – the statute analyzed in Kellum – contained no explicit 20-day deadline, just as

there is no explicit 20-day deadline in § 923. Former §§ 3143 and 3144 provided the timing,

mechanism, and process for initiating an election challenge. The operative language of §§ 3143



5

and 3144 was carried forward into §§ 921 and 923 which now direct the timing, mechanism, and

process for initiating an election challenge.

The similarity of the prior and current statute versions does not end with the election

challenge statutes. Indeed, every st atute cited in Petitioner’s Response existed in almost

identical form in the prior Code of 1942 and was available for consideration by the Kellum

Court:

1. Section 23-15-597 is referenced on Page 3 of Petitioner’s R esponse regarding themeeting of the County Election Commissioners on the first or second day after theelection to canvass returns and declare the election result, and thereafter transmit theresults to the state executive committee within 36 hours of declaration. This section

includes the same time periods carried forward from § 3142 of the Code of 1942, andwere, thus, available for consideration by the Kellum Court.

2. Section 23-15-599 is referenced on Page 3 of Petitioner’s Response regarding therequirement of the state executive committee to transmit the statewide primary results tothe Secretary of State. The operative language of this statute was carried forwardfrom § 3146 of the Code of 1942 and was before the Kellum Court, with the exception ofthe 10-day limit to transmit the election result, which was added later.

3. Section 23-15-911 is referenced on Page 3 of Petitioner’s Response regarding the 12-day period from which a candidate may examine election results after the canvassing.Section 3169 of the Code of 1942 is virtually identical to § 23-15-911 and includes thesame 12-day period for inspection after canvassing and examination. This, too, was

before the court in Kellum .

4. Section 23-15-927 is referenced on Page 4 of Petitioner’s Response regarding the time tofile for judicial review of a contest after filing with the state executive committee. Thisstatute was carried forward from § 3182 of the Code of 1942 with the same“forthwith” time limitation and was before the court in Kellum . However, § 927 wasamended in 2012 to add a 10-day time limitation which superseded the prior requirementto merely file “forthwith.”

The legislative history, together with a side-by-side comparison of the old and new code

sections, confirms the Mississippi Election Code is merely a recodification or carrying forward

of the Corrupt Practices Act, with minor changes as to form, and not a new scheme of election



6

law. There were no changes that would affect the timing to initiate a state-wide election

challenge.

This is fatal to Petitioner’s argument, as this precise issue was addressed by the

Mississippi Supreme Court in McDaniel v. Beane , 515 So. 2d 949 (Miss. 1987). In McDaniel ,

the circuit c ourt dismissed the challenger’s election contest for failure to comply with the

“ Pittman r ule” – a judicial construction of Election Code § 927 requiring the candidate to attach

with his petition the signed certificates of two “disinterested” investigating attorneys . Id. at 951-

52. On appeal, McDaniel questioned the precedential value of Pittman v. Forbes , 191 So. 490

(1939), and its judge-made requirement that the attorneys be “disinterested.” McDaniel , 515 So.2d at 951- 52. McDaniel argued that § 927 does not say “disinterested ,” and pointed to language

in § 933 of the 1972 Code as “evidence” that Pittman had been stripped of its precedential

authority. See id . The Court disagreed and issued the following holding, which applies squarely

to the case sub judice :

In the face of this authority, McDaniel paddles upstream. He callsto our attention the statutory procedure in election contests for

perfecting an appeal to this Court which appears presently in Miss.Code Ann. § 23-15-933 (Supp.1987). That statute contemplates a

bill of exception signed "by two disinterested attorneys." McDanielreasons that if the draftsmen of Section 23-15-927 had intended torequire that the attorneys certifying to the petition for judicialreview be "disinterested" they could well have employed the samelanguage as appeared in Section 23-15-933. McDanielacknowledges that Section 23-15-933 says what the SpecialTribunal read into Section 23-15-927. The short answer is thatthe language of Section 23-15-933 has been in the law sinceenactment of the Corrupt Practices Act. See Miss. Laws ch.19,§ 15(d) (1935). That language was on the books at the timePittman , Pearson , Harris and Noxu bee Coun ty were decided.

Id. at 952 (emphasis added). See also id . at 951 (“Where validly enacted statutory language is

brought forward in new codes or amended versions of the original statutes, prior interpretations

thereof remain persuasive, that is, in the absence of some indication in the new amendment or



7

enactment that prior interpretation should no longer be credited.”) . The rule in McDaniel v.

Beane translates directly to McDaniel v. Cochran . The statutes Petitioner cites throughout his

Response are all substantially similar – if not virtually identical – to their 1942 predecessor Code

sections, and were available for review by the Kellum Court. Accordingly, Kellum retains its

precedential value and controls the outcome of this case. Like the candidate in McDaniel v.

Beane , Chris McDaniel now “paddles upstream.” Id. at 952.

IMMATERIALITY OF M INOR C HANGES C ITED BY PETITIONER

On Pages 7-8 of his Response, Petitioner points to five minimal statutory changes that he

contends render Kellum inapplicable to § 923. Specifically, Petitioner argues that: Section 3143 “by indirect language” was “limited to allegations of fraud” ;

Section 3143 did not include exceptions or coordinate with other statutes;

Section 3143 did not apply to legislative districts composed of one county or less;

Section 3143 did not clarify who could accept the contest petition; and

Section 3143 was formally “repealed” when § 921 was enacted in 1986.

Petitioner does not explain how or why any of these minimal changes are “material” or

even pertinent to the time limitation for initiating an election challenge. Furthermore, the final

“distinction” Petitioner offers is the formal “ repeal ” of the 1942 Code. Although Petitioner

characterizes this as the “ the most significant distinction ,” it could not be less significant. See

supra at 4 (quoting State Tax Comm’n v. Miss. Power Co. , 160 So. 907, 909 (Miss. 1935)). In

short, Petitioner’s position that these minor changes “effectively set aside the precedential

authority of Kellum v. Johnson ” is untenable. Resp. at 9.



8

PETITIONER ’ S STATUTORY C ONSTRUCTION IS F LAWED

Throughout the Response, Petitioner engages in inappropriate and incorrect statutory

construction. First, on Page 4, Petitioner argues § 923 is analogous to § 927 of the Election Code

(regarding application by a candidate for judicial review), which used to contain a timing

requirement that the candidate file his petition “forthwith” into circuit court. Nonetheless,

Petitioner attempts to avail himself of the “forthwith” language for purposes of salvaging his

untimely petition to the SREC under § 923. Petitioner’s argument on this point, which occupies

Pages 4-7 of his Response, is easily refuted. Section 923 has never contained the word

“forthwith ,” and no court or case has ever interpreted § 923 to contain such a term. Section 927was amended in 2012 to contain a clear 10-day filing requirement, indicating legislative intent to

do away with the vague “forthwith” terminology for definitive election-challenge deadlines.

Petitioner further argues that § 3144 did not “structurally stand on its own” like § 923

does. Resp. at 9. Petitioner speculates that this “ could have been ” why the Mississippi Supreme

Court decided it was proper to borrow the 20-day deadline from § 3143 in Kellum . To the

contrary, the Supreme Court articulated its reasons for the holding in Kellum , none of which

relate to the “structural independence ” of § 3144. Like all reported Supreme Court cases, the

basis and rationale for the Court’s decision in Kellum exists only in the Kellum opinion.

Petitioner attempts to insert his “structural independence” theory into the holding of Kellum , yet

Kellum contains no such discussion. It is inappropriate to speculate about reasons for a Supreme

Court holding that are not included in the published opinion. To do so is an incorrect and

improper application of precedent.



9

T HE STATUTORY C ONFLICT ARGUMENT : A BLATANT M ISREADING OF § 23-15-911

Petitioner argues the 20-day Kellum rule, if applied to § 923, would create a “conflict in

the [current] statutory scheme.” The proposed “conflict, ” however, is based on a misreading of

the statutes. Petitioner contends the SREC’s transmission of state-wide election results to the

Secretary of State – which must occur within 10 days of election under § 599 – triggers the

candidate’s 12 -day window to review “election-results documentation ” under § 911. Resp. at 3. 6

Petitioner argues this – when coupled with the Kellum rule – potentially subjects a candidate to

filing a challenge with two days left to examine the contents of ballot boxes. Petitioner argues:

If the Court were to adopt Respondent’s argument and apply Kellum v. Johnson , it would create a conflict in the statutoryscheme. It would impose a requirement that candidates in multi-county or state-wide election contests file their complaint with thestate executive committee before the end of their allowed 12-day

period to examine election records. In that setting, the candidatewould be required to file his complaint 2 days before the end of theexamination period.

Resp. at 11. Petitioner simply misreads § 911. The statute is clear that a candidate’s 12-day time

limit to examine the contents of ballot boxes runs from the date the ballot box contents are

canvassed and examined by the elections commission or executive committee (to occur within

two days of the election under § 597), not from the date the SREC transmits the state-wide

results to the Secretary of State (to occur within 10 days of election under § 599):

. . . At any time within twelve (12) days after the canvass andexamination of the box and its contents by the electioncommission or executive committee , as the case may be, anycandidate or his representative authorized in writing by him shallhave the right of full examination of said box and its contents uponthree (3) days' notice of his application therefor served upon theopposing candidate or candidates. . . .

6 Section 911 does not refer to “election -results documentation.” Rather, it refers specifically to examinationof “the box and its contents.”



10

Miss. Code Ann. § 23-15-911(1) (emphasis added). Accordingly, a 20-day time limitation in

§ 923 does not require a losing candidate “to file his complaint 2 days before the end of the

examination period” as Petitioner contends. Even if it did, the statutory scheme contemplates

supplementation of evidence even after initiation of a § 923 election challenge. See Waters v.

Gnemi , 907 So. 2d 307, 325 (Miss. 2005) (contemplating evidentiary supplement to original

petition).

Furthermore, the concern raised by Petitioner, i.e. that the filing deadline could expire

before the close of the ballot box review, was alive and well at the time of Kellum . In fact, when

Kellum was decided, § 3146 – now § 599 – contained no time limitation for transmission of theresults to the Secretary of State (which triggers the 12-day review). Nonetheless, Kellum

interpreted § 3144 – now § 923 – to contain a 20-day time limitation to initiate an election

challenge. Again, Petitioner’s argument was available for review by the Kellum Court, and the

Court was not persuaded. Accord McDaniel v. Beane , 515 So. 2d 949 (Miss. 1987).

Petitioner’s statutory conflict argument is a red herring that is based upon an obvious

misreading of § 911. It is also grounded in interpretation of statutes available to the Kellum

Court. For all these reasons, it fails.

PETITIONER ’ S C LAIM OF “R EASONABLE PROMPTNESS ”

At the close of Petitioner’s Response, he invites the Court to excuse his untimeliness and

hold that Petitioner acted with “notable promptitude.” Resp. at 14. Petitioner essentially

requests an “A” for effort. However, the only “notable promptitude” recognized or rewarded by

§ 923 of the Election Code is compliance with the Kellum rule. Otherwise, the Petition must be

dismissed.



CONCLUSION

Petitioner's Response is grounded in immaterial, minor, statutory changes irrelevant to

the timing of an election challenge, and flawed statutory construction. Petitioner invites the

Court to ignore settled law requiring strict compliance with the Mississippi Election Code. The

Supreme Court's decision in Kellum v . Jo hnson , 115 So. 2d 147 (Miss. 1959) bars Petitioner's

contest of the Republican primary election for United States Senate. Accordingly, Respondent

Thad Cochran respectfully requests that this Court dismiss the Petition as untimely.

Respectfully submitted, this the 27th day of August, 2014.

OF COUNSEL:

BUTLER SNOW LLP

1020 Highland Colony Parkway, Suite 1400 (39157)Post Office Box 6010Ridgeland, Mississippi 39158-6010Tel: 601-948-5711Fax: 601-985-4500

THAD COCHRAN

HIS ATTORNEYS

11



Certificate of Service

I, Phil B. Abemethy, hereby certify that I have this day served a true and correct copy of

the above and foregoing document upon the following:

Mitchell H. Tyner, Sr.5750 1-55 NorthJackson, MS 39211

SO CERTIFIED this the 27th day of August, 2014.

12



IN THE CIRCUIT COURT OF JONES COUNTY, MISSISSIPPISECOND JUDICIAL DISTRICT

CHRIS MCDANIEL PETITIONER

VS.CAUSE NO. 2014-76-CV08

THAD COCHRAN RESPONDENT

CERTIFICATION OF PUBLIC RECORDS AND REPORTS

STATE OF MISSISSIPPI

COUNTY OF HINDS

THIS DAY personally came and appeared before me the undersigned authority in

and for the aforesaid jurisdiction, the within named William A. Neely, Jr., having been

duly sworn on oath states that he has personal knowledge of the following matters:

I am a staff attorney for the Mississippi State Senate and have served in that

capacity since 1977. In 1986 I was assigned to the Senate Elections Committee and

drafted Senate Bill No. 2234 during the 1986 Regular Session. In my capacity as staff

attorney for the Mississippi State Senate, I prepared a portion of the submission on behalf

of the State of Mississippi to the United States Attorney General for pre-clearance of

Senate Bill No. 2234, 1986 Regular Session (Chapter 495, Laws of 1986), also known as

the Election Code of 1986, under Section 5 of the Voting Rights Act of 1965. Attached

to this Certification of Public Records and Reports is the Introductory Note, a comparison

of current election practice and the changes made in current law, a submission history,

and information required by 51 CFR § 51.25(1), (m) and (o) regarding Senate Bill No.

2234, 1986 Regular Session (Chapter 495, Laws of 1986), Sections 190, 191, 279, 280,

Exhibit A



P a g e | 2

281, 283, which were later codified in Title 23, Chapter 15, Miss. Code of 1972 as

Sections 23-15-597, 23-15-599, 23-15-911, 23-15-921, 23-15-923, and 23-15-927. This

document was prepared by me and constitutes records, reports, and statements of public

offices or agencies of the State of Mississippi, setting forth the activities of the office or

agency of the State of Mississippi. Note that the information required by 51 CFR §

51.25(1), (m) and (o) that I prepared for Section 281 contains a typographical error,

referring to Section 3143, Code of 1942, instead of Section 3144, Code of 1942.

Exhibit A is a duplicate of the Introductory Note, a comparison of current election

practice and the changes made in current law, a submission history, and information

required by 51 CFR § 51.25(1), (m) and (o) regarding Senate Bill No. 2234, 1986 Regular

Session (Chapter 495, Laws of 1986), Sections 190, 191, 279, 280, 281, which were later

codified in Title 23, Chapter 15, Miss. Code of 1972 as Sections 23-15-597, 23-15-599,

23-15-911, 23-15-921, 23-15-923, and 23-15-927, regarding the submission by the State

of Mississippi to the United States Department of Justice under Section 5 of the Voting

Rights Act of 1965 of Senate Bill No. 2234, 1986 Regular Session, also known as the

Election Code of 1986, for preclearance.

Further Affiant Sayeth Not.

SWORN TO AND SUBSCRIBED before me on this thedav of August, 2014.

My Commission expires:

'typsco^&''



INTRODUCTORY NOTE . . •' • : •

' . . . » u • • v « •

. ' .• • V ' " '

This booklet addresses four of the items required. by.j&l CFR

51.25 .to be contained in submissions made pursuant'.to Section 55ofj:

the Voting Rights. Act of 1965, as aiiended. The i£ems ,addressed*Vift?

this booklet are 51 CFR 51.25(b), (1), (m) and ;(oj ;. .Thi s booklet .' i i * ,

• "

addresses these items by analyzing each section of S; B. . No.- 2.234,

1986. Regular Session, and each section of current.. a* , that isZnot

addressed in S.B. No. 2234, where applicable, in light of. the *

requirements, of 51 CFR 51.25(b), (1)', (m) and (o). A comparisons

of the procedure to qualify as a candidate contained in. present

law in also included. , : . * > • - ' • . • ,' ' - • ' ' ' '

In Part I, each section of S.6. No. 2234*.is- followed by the. - • ' . " • * ' , - • '

section;of iaw containing the current election practice, if anyF- :

" ' • . _ ' ' * . ' - t' :X "

upon which the section is based. The section o^r"S;B* N o. - . 223 is

marked to show the changes made in thecurrent law. Underlining/

indicates language added and a check- mark indicates language ®

deleted. By comparing the section of S.B. No*. 223 4 and thecurrent practice that follows it, the changes tb current law are.

easily identified. This comparison is believed to be-

"...explanatory materials adequate to disclose to the Attorney •

General, the difference between the* prior attd; r .propo^^^mituatij6sn-

with respect to voting." (51 CFR: 51.25(b)). : : r -

In Parts I and II, immediately following the section of'

current law that is the prior practice, is a "submission

history," This submission history only follows those sections

that have been amended by legislative:, action subsequent to ' • '

November 1, 1964. If any amendment after 1964 has been precleajred

(i)

I EXHIBIT 1



under fcHe provisions of Section 5, only the last precleared

chapter law is listed unless it was later amended by legislative

action which was not precleared. If a section was amended and not

precleared subsequent to November .1, 1964, or was amended and not.

precleared subsequent to previously precleared amendment, the * "' '' • ' - ; ; •

amendment which was not precleared is e listed or is listed in

addition to the previously'precleared amendment. While a

submission history is not required, it is included because it is

useful i ' n explaining the status of som£ of the currently effective

l a w s . .

In Part I, the section of S.B. Np. 2234 and the section of

current law, if any, upon which the section of S.B. No. 2234 is

based, 'are, in most instances, followed by the items required by

51 CFR 51.25(1), (m) and (o). In spmg instances, items (1), (m) • "

and (o) are not placed after each se.ctio'n but are placed after a

series, of sections. This is done in i$st*ar?ees in which an entire

chapter of current law is placed in S.B; No. 2234 with a fewrelatively minor changes. Sections 118' through 143', 144 through

156, 157 through 169, 235 and 236, and 215 through 228 do not have

items (1), (m) and (o) following each section but these items

follow each group of sections. . • " " . . .

Part II contains those sections of currently effective law

which are not found or otherwise addressed in S.B. 2 34,

except that they have been repealed in S.B. No. 2234 along with

all other present election laws. In Part II the section of •

current law not included in S.B. No. 2234 is followed by the

items required by 51 CFR 51.25(1), (m) and (o).-

- • (ii) .



Part III contains an outline comparison of procedures to-

qualify as a candidate under present law and S.B. No. 2234. This,

is included because the explanations in Parts I and XI following

each individual section on qualifications of candidates may not

offer a comprehensive explanation of the changes made to these

procedures.

(iii)



3454. SECTION 190, The county executive committae shall meet on

3455. the first or second day after each primacy election, shall receive

3456. and canvass She returns which must be made within the time fixed

3457. ' ay law for cecums sc general elections and declare she resuls,

34S3. and announce the name of the nominees for county and county

3459. district offices and legislative offices for districts containing

3460. one (1) county or less, and the names of those candidates to be

3461. submitted to the second primary. The vote for state and state


3463. more than one county or part3 of more than one county 3hall be

3464. tabulated by precincts and certified to and returned, to the State

3465. Executive Committae, such returns to be mailed by registered

3466. letter or any safe mode of transmission within thirty-six {36)

3467. hours after the returns are canvassed and the result ascertained.

3468. The State Executive Committee shall meet a week from the day

3469. following the first primary election held for state and state


3471. more than one councy or parts of more than one county, and shall

3472. proceed to canvass the returns and to declare she result, and

3473. announce the names of those nominated for the different offices in

3474. the first primary and the names of those candidates whose names

3475. are to be submitted to the second primary election. The State

3476. Executive Committee shall also meet a week from the day on which

3477. the second primary election was held and receive and canvass the

3478. returns for state and district offices, if any, and legislative

3479. offices for districts containing more than one county or parts of

3480. more than one county, if any, voted on in such second primary. An

3431. exact and full duplicate of all tabulations by precincts as

3482. certified under this section shall be filed with the circuit clerk

3433. of the county who shall safely preserve the same in his office.

418



§ 3142. Executive committee to meet and canvass returns.The county executive committee shall meet on the first or

second day after each primary election; shall receive and canvassthe returns, which must be made within the time fixed by law forreturns of general elections, and declare the result, announce thename of the nominees for county and county district offices, andthe names of those candidates to be submitted to the secondprimary. The-vote for state and state district, offices shall betabulated by precincts and certified to and returned to the stateexecutive committee, such returns to be mailed by registered letteror any safe mode of transmission within thirty-six hours after thereturns are canvassed and the result ascertained; and likewise tothe senatorial and flotorial executive committees those returnsrelating to those offices. The state and said district executivecommittees shall meet a week from the day following the first

* primary election held for state and state district offices, and shallproceed to canvass the returns, and to declare the result, andannounce the names of those nominated for the different offices in

tiie first primary, and the names of those candidates whose namesare to be submitted to the second primary election. State and saiddistrict executive committees shall also meet a week from the dayon which the second primary election was held and receive andcanvass the returns for state and district offices, if any, voted on insuch second primary. An exact and full duplicate of all tabulationsby precincts as certified under this section shall be filed with thecircuit clerk of the county who shall safely preserve the same in hisoffice. •

SOURCES: Codes, 1906, § 3705; Hemingway's 1917, § 6397; 1930, § 5895.

S u b m i s s i o n H i s t o r y •

-(a) R e p e a l e d b y Chap te r 5 0 6 , L a w s o f 1 9 7 0 .Chap te r 506 w a s rejected b y t h e U . S . A . G .o n 4/26/74.

-(b) R e p e a l e d b y Chap te r 4 5 " 2 , L a w s o f 1 9 7 9 .Chap te r 4 5 2 w a s rejected b y t h e U . S . A . G .o n 6/11/79. Chap te r 452 w a s r e p e a l e d b yS e c t i o n 7 o f Chap te r 4 7 7 , L a w s o f 1 9 8 2 .Chap te r 4 7 7 , L a w s o f 1982 , w a s re jected b yt h e U . S . A . G . •



Section 190.

(1) This section is based upon Section 3142, Mississippi

Code of 1942. This section is not changed to apply to other

elections because the procedures are incompatible.

The changes on Lines 3459, 3460, 3462, 3463, 3470, 3471,

3479 and 3480 are not substantive and reflect current practices.

The changes are made to clarify the procedure.

The change on Line 3468 deletes references to senatorial and

flotorial executive committees since they no longer exist and

their function is carried out by the state executive committee.The remaining changes are insignificant.

(m) These changes will have no effect on racial or language

minority groups.

(o) The prior practice is contained in Section 3142,

Mississippi Code of 1942. Section 3142 is not subject to

preclearance because it was enacted prior to November 1, 1964.

420



v3484. SECTION 191. The Chairman of the state Sxecutive Committea

3485. shall transmit to the Secretary of State a tabulated statement of

3486. the party vote cast in each county in each state and state

3487. district election, and each legislative election for districts

3488. consisting of more than one county or garts of more than one

3489. county, which statement shall be filed by the Secretary of State

3490. and preserved among the records of his office.

§ 3146. Tabulated vote to be furnished to secretary of state.The chairmen of the state, senatorial and Pictorial executive

committees respectively, shall transmit to the secretary of state a"tabulated statement of the party vote cast in each county in each

state and district election, which statement shall be filed by thesecretary of state and preserved among the records of his office.SOURCES! Codes, 1906, § 3724; Hemingway's 1917, § 6415; 1930, § 5899.

S u b m i s s i o n H i s t o r y-(a) R e p e a l e d b y Chap te r 5 0 6 , L a w s o f 1 9 7 0 .

C h a p t e r 506 w a s re jected b y t h e U . S . A . G .o n 4/26/74.

-(b) R e p e a l e d b y Chap te r 4 5 2 , L a w s o f 1 9 7 9 .C h a p t e r 4 5 2 w a s rejected b y t h e U . S . A . G .on 6/11/79. Chap te r 4 5 2 w a s r e p e a l e d hySection 7 o f Chap te r 4 7 7 , L a w s o f 1 9 8 2 .Chap te r 4 7 7 , L a w s o f L 9 8 2 s w a s re jec ted b yt h e U . S . A . G .

421



Section 191.


Code of 1942. This section applies only to primary elections and

is not made applicable to other elections because the procedures

are incompatible. The changes indicated reflect current primary

election practice. References to senatorial and flotorial

executive committees are deleted on Line 3484. The rest of the

changes clarify present procedures.


minority groups.<o) The prior practice is contained in Section 3146 f



f < 422



5441. XIV. ELECTION CONTESTS

3442. A. General Provisions

5443. SECTION 279. When the returns Cor a box and the contents off

5444. the ballot box and the conduct off the election t hereat have been

S443. canvassed and reviewed by the county election commission in the

5446. case of general elections or the county executive commie tee in the" ~ v

5447. case of primary elections, all the contents off the box r equired r to

5448. be placed and sealed in the ballot box by the managers shall be

3449. replaced therein by the election commission or executive

5450. committee, as the case may be, and the box shall be forthwith

5451. resealed and delivered to the circuit clerk, who shall safely keep

5432. and secure the same against any tampering therewith. At any time

5453. within twelve (12) days after the canvass and examination of the

5454. box and its contents by the executive committee, any candidate or

5435. his representative authorized in writing by him shall have the

5456. right of full examination of said box and its contents upon three

5457. (3) days' notice of his application therefor served upon the

5458. opposing candidate or candidates, or upon any member of their

34S9. family over the age of eighteen (13) years, which examination

5460. shall be conducted in the presence of the circuit clerk or his

5461. deputy who shall be charged with the duty to see that none of the

5462. contents of the box are removed from the presence of the clerk or

5463. in any way tampered with. U&on the completion of said examination5464. the box shall be resealed with all its contents as theretofore.

5465. And if any contest or complaint before the court shall arise over

5466. said box, it shall be kept intact and sealed until the court

5467. hearing and another .ballot box, if necessary, shall be furnished

5468. for the precinct involved.

831



§ 23-3-23. Custody of boxes—examination.When the returns for a box and the contents o f the box and the

conduct of the election thereat have been canvassed and reviewedby the county executive committee, all the contents of the boxrequired by the foregoing sections to be placed and s ealed thereinby the managers shall be replaced therein by the executive committee and the box shall be forthwith reseaied and delivered to thecircuit clerk, who shall safely keep and secure the same against anytampering therewith. At any time within twelve days after thecanvass and examination of the box and its contents by theexecutive committee, any candidate or his representative authorized in writing by him, shall have the right of full examination ofsaid box and its contents upon three days' notice of his applicationtherefor served upon the opposing candidate or candidates, orupon any member of their family over the age of eighteen years,which examinauon shall be conducted in the presence of thecircuit clerk or his deputy who shall be charged with the duty tosee that none of the contents of the box are removed from thepresence of the clerk or in any way tampered with. Upon thecompletion of said examination the box shall be reseaied with allits contents as theretofore. And if any contest or complaint beforethe court shall arise over said box, it shall be kept intact andsealed until the court hearing and another ballot box, if necessary,shall be furnished for the precinct involved.

SOURCES: Codes, 1942, $3169; Laws, 1935, cfa. 19.



Section 279.

(1) This section is based upon Section 23-3-23, Mississippi

Code of 1972. Under present law this section applies only toprimary elections. The changes indicated apply this section to

general elections as well. Under present law there is no

procedure detailed for the preservation of election records or for

allowing a candidate to examine the ballot boxes.

(m) This change will have no effect on racial or language

minority groups.

(o) The prior practice is based upon Section 23-3-23,

Mississippi Code of 1972. Section 23-3-23 is not subject to


633



5459, 3. Contests of Primary 21ections

5470. SECtlOM 280. A person desiring to contest the election of

5471. another person returned as the nominee of the party to any county

5472. or county district office, or as the nominee of a legislative '

3473. district composed of one county or less, may, within twen ey (20)

5474. days after the primar y election, file a petition with the

5475. secretary, or any member of i the county executive committee in theS47S. county in which fraud is alleged eo have been perpetrated, setting

5477. forth the grounds upon which the primary ele ction is contested;

5473. and it shall b e the duty of the executive committee to assemble by

5479. call of the chairman or three (3) members of said committee,

3480. notice of which contest shall be served five (5) days before said

5481. meeting, and after not ifying all parties concerned proceed to

5482. investigate the allegations of Sraud, and, by majority vote of

5483. members present, declare the true results of such primary.

§ 3143. How pr imary ejec tion may be contested on charge offraud.

A person desi ri ng to contest the election of another personreturned as the nominee of the party to any county or beat office,may, within twenty days after the pr imary election, file a pe ti tionwith the secretary, or any member of the county executive committee in the county in uhich fraud is alleged to have been pe rpetrated, selling forth the grounds upon which the pr imary electionis contested; and it shall be the duty of the executive committee toassemble by call of the chairman or three members of saidcommittee, notice of which contest shall be served five days befo resaid meeting, and after notifying all part ies concerned, proceed toinvestigate the allegations of fraud, and, by majority vote ofmembers present, declare the true results of such primary.SOURCES: Codes, Hemingway's 1917, § 6425; 1930, 5 5S96; Laws, H>03. ch.

136. '

Submiss ion H i s t o r y •

- la ; R e p e a l e d , o y c h a p t e r 5 0 6 , L a w s of 1970 .C h a p t e r 5 0 6 w a s r e j e c t e d f a y t h e U.S .A.G.o n 4 / 2 6 / 7 4 .

-(b) R e p e a l e d b y C h a p t e r 4 5 2 , L a w s of 1979 .C h a p t e r 4 5 2 w a s r e j e c t e d b y t h e U . S . A . G .o n 6 / 11 / 7 9 . C h a p t e r 4 5 2 w a s r e p e a l e d b yS e c t i o n 7 o f C h a p t e r 4 7 7 , L a w s o f 1982 .C h a p t e r 4 7 7 , L a w s o f 1982, w a s r e j e c t e d b y

U • S . A • G*

634



Section 280.


Code of 1942, The changes indicated reflect current practices andare made for clarification only.


minority groups.




635



5484. SECTION 281. In state, congressional and judicial districts,

5485. and in legislative districts conposed of more than one county or

5486. parts of more than one county, upon complaint filed with the

5487. Chairman of the State Executive Committee, by petition, reciting5488. the allegations of fraud, and with the advice of four (4} members

5489. of said committee, the chairman shall issue his fiat to the

5490. chairman of the county executive committee where fraud is alleged

5491. to have been committed, and in like manner as in county office,

5492. the county committee shall investigate the complaint'and return

5493. their findings to the chairman of the state committee, which shall

5494. declare the candidate nominated whom the corrected returns show is

3495. entitled to the same.

§ 3144. Chairman of state executive committee to issue hisfiat to county chairman reciting charges.

In state, congressional and judicial districts, upon complaintfiled with the chairman of the state executive committee, bypetition, reciting the allejntions of fraud, and with the advice offour members of said coi .nittee, the chairman shall issue his fiatto the chairman of the county executive committee, where fraud isalleged to have been committed, and in like manner as in countyoffice, the county committee shall 'nvestigate the complaint andreturn their findings to the chair--u.;i of the state committee, whichshall declare the candidate nominated, whom the corrected returnsshow is entitled to the same. And the same procedure shall applyto senatorial and flotorial contests in and by their respectiveexecutive committees.SOURCES: Codes, Hemingway's 1917, §6426; 1930, §5397; Laws, I90S, ch.

136. '

Submission History-(a) R e p e a l e d b y C h a p t e r 5 0 6 , L a w s o f 1 9 7 0 .

Chap te r 506 w a s re jected b y the U . S . A . G .o n 4/26/74.

-(b) R e p e a l e d b y Chap te r 4 5 2 , L a w s o f 1 9 7 9 .C h a p t e r 4 5 2 w a s re jected b y t h e U . S . A . G .o n 6/11/79. Chap te r 4 5 2 w a s r e p e a l e d b ySect ion 7 o f C h a p t e r 4 7 7 , L a w s o f 1 9 8 2 .C h a p t e r 4 7 7 , L a w s o f 1 9 8 2 , w a s re jected b yt h e U . S . A . G .

? 636



Section 281.


Code of 1942. The changes indicated on Lines 5485 and 5486

reflect current practices and are made for clarification only.

The change indicated on Line 5495 removes language regarding

senatorial and flotorial executive committees. These committees do

not exist and their former duties are performed by the state

executive committee. (See Section 23-1-1.)


minority groups.




637



5499. SECTION 233. mien and after any contest has been filed with

5500. the county executive commit tea, or complaint with the State

5501. Executive Committee, and the said executive committee having

5502. jurisdiction shall fail to promptly meet or having met shall fail

5503. ot unreasonably delay to Sully act upon the contest or complaint,

5504. or shall fail to give with reasonable promptness the full relief

5505. required by the facts and the law, the contestant shall have the

5506. right forthwith to file in the cir cuit court of the county wherein

5507. the irregularities are charged to have occurred, or if store than

5508. one county to be involved then in one (1) of said counties, a

5509. sworn copy of his said protest or complaint, together with a sworn

5510. petition, setting forth with particularity wherein the executive

5511. committee has wrongfully failed to a ct or to fully and promptly

5512. investigate or has wrongfully denied the relief prayed by said

5513. contest, with a prayer for a judi cial review thereof. But such

5514. petition for a judicial re view shall not be filed unless it bear

5515. the certificate of two (2) practicing attorneys that they and aach

551S. of them have f ully made an independent investigation into the

5517. matters of fact and of law upon which the protest and petition are

5518. based and that after such investigation they verily believe that

5519. the 3aid protest and petition should be sustained and that the

5520. relief therein prayed should be granted, and the petitioner shall

5521. give a cost bond in the sum of Three Hundred Dollars ($300.00),5522. with two (2) or more sufficient sureties conditioned to pay all

5523. costs in case his petition be disaiased, and an additional bond

5524. may be required, by the judge or chancellor, if necessary, at any

5525. subsequent stage of the proceedings. The filing of such petition

5526. for judicial review in the manner set forth above shall

5527. automatically supersede and suspend the operation and effect of

5528. the order, ruling or judgment of the executive committee appealed

5529. from.

640



§ 23-3-45. Judicial review of election contest or complaint —petition.

When and after any contest has been filed with the countyexecutive committee, or complaint with the state executive committee, and the said executive committee having jurisdiction shallfail to promptly meet or having met shall fail or unreasonablydelay to fully act upon the contest or complaint, or shall fail togive with reasonable promptness the full relief required by thefacts and the law, the contestant shall have the right forthwith tofile in the circuit court of the county wherein the irregularities arecharged to have occurred, or if more than one county to beinvolved then in one of said counties, a sworn copy of his saidprotest or complaint, together with a sworn petition, setting forthwith particu larity wherein the executive committee has wrongfullyfailed to act or to fully and promptly investigate or has wrongfullydenied the relief prayed by said contest, with a prayer for a

judicial review thereof. But such petition for a judicial review shallnot be filed unless it bear the certificate of two practicing attorneys that they and each of them have fully made an independentinvestigation into the matters of fact and of law upon which theprotest and petition are based and that after such investigationthey verily believe that the said protest and petition should besustained and that the relief therein prayed should be granted, andthe petitioner shall give a cost bond in the sum of three hundreddollars, with two or more sufficient sureties conditioned to pay allcosts in case his petition be dismissed, and an additional bondmay be required, by the judge or chancellor, if necessary, at anysubsequent stage of the proceedings. The filing of such petitionfor judicial review in the manner set forth above shall automatically supersede and suspend the operation and effect of the order,ruling, or judgment of the executive committee appealed from.SOURCES: Codes, 1942, §3182; Laws, 1935, cfa. 19; 1968, ch. S67, § 1, eff

from and after passage (approved August 6, 1968).

Submission History-Amended by Chapter 567, Laws of 1968.

Chapter 567 was approved by theUnited States Attorney General on5 / 2 7 / 8 6 .



Section 283.

(1) This section is based upon Section 23-3-45, Mississippi

Code of 1972. There is no change.(m) Not applicable.

(o) The prior practice is contained in Section 23-3-45,

Mississippi Code of 1972. Section 23-3 -45 was precleared on May

27, 1986.

642



Exhibit B

COMPARISON - § 3169, § 279 AND § 23-15-911

§ 3169 (1942)

§ 3169 Custody of boxes – examination. – When the returns for a box and the contents of the box and the conduct of the election thereat have been canvassed and reviewed by the countyexecutive committee, all the contents of the box required by the foregoing sections to be placedand sealed therein by the managers shall be replaced therein by the executive committee and the

box shall be forthwith resealed and delivered to the circuit clerk, who shall safely keep andsecure the same against any tampering therewith. At any time within twelve days after thecanvass and examination of the box and its contents by the executive committee, any candidateor his representative authorized in writing by him, shall have the right of full examination of said

box and its contents upon three days’ notice of hi s application therefor served upon the opposingcandidate or candidates, or upon any member of their family over the age of eighteen years,which examination shall be conducted in the presence of the circuit clerk or his deputy who shall

be charged with the duty to see that none of the contents of the box are removed from the presence of the clerk or in any way tampered with; upon the completion of which examinationthe box shall be resealed with all its contents as theretofore. And if any contest or complaint

before the court shall arise over said box, it shall be kept intact and sealed until the court hearingand another ballot box, if necessary, shall be furnished for the precinct involved.

§ 3169 279 (1942 1986 )

§ 3169 Custody of boxes – examination. – When the returns for a box and the contents of the ballot box and the conduct of the election thereat have been canvassed and reviewed by thecounty election commission in the case of general elections or the county executive committee inthe case of primary elections , all the contents of the box required by the foregoing sections to be

placed and sealed therein in the ballot box by the managers shall be replaced therein by theelection commission or executive committee , as the case may be, and the box shall be forthwithresealed and delivered to the circuit clerk, who shall safely keep and secure the same against anytampering therewith. At any time within twelve (12) days after the canvass and examination ofthe box and its contents by the executive committee, any candidate or his representativeauthorized in writing by him , shall have the right of full examination of said box and its contentsupon three (3) days’ notice of his application therefor served upon the opposing candidate orcandidates, or upon any member of their family over the age of eighteen (18) years, whichexamination shall be conducted in the presence of the circuit clerk or his deputy who shall becharged with the duty to see that none of the contents of the box are removed from the presenceof the clerk or in any way tampered with ; upon . Upon the completion of which said examinationthe box shall be resealed with all its contents as theretofore. And if any contest or complaint

before the court shall arise over said box, it shall be kept intact and sealed until the court hearingand another ballot box, if necessary, shall be furnished for the precinct involved.



§ 3169279 (19421986 23-15-911 (Current )

§ 3169 Custody of boxes – examination. – 23-15-911. Control of ballot boxes and theircontents after general or primary elections; examinations by candidates or their representatives

(1) When the returns for a box and the contents of the ballot box and the conduct of the electionthereat have been canvassed and reviewed by the county election commission in the case ofgeneral elections or the county executive committee in the case of primary elections, all thecontents of the box required by the foregoing sections to be placed and sealed thereinin in the

ballot box by the managers shall be replaced therein by the election commission or executivecommittee, as the case may be, and the box shall be forthwith resealed and delivered to thecircuit clerk, who shall safely keep and secure the same against any tampering therewith. At anytime within twelve (12) days after the canvass and examination of the box and its contents by theelection commission or executive committee, as the case may be, any candidate or hisrepresentative authorized in writing by him , shall have the right of full examination of said box

and its contents upon three (3) days ’' notice of his application therefor served upon the opposingcandidate or candidates, or upon any member of their family over the age of eighteen (18) years,which examination shall be conducted in the presence of the circuit clerk or his deputy who shall

be charged with the duty to see that none of the contents of the box are removed from the presence of the clerk or in any way tampered with ; upon . Upon the completion of whichsaid said examination the box shall be resealed with all its contents as theretofore. And if any contest orcomplaint before the court shall arise over said box, it shall be kept intact and sealed until thecourt hearing and another ballot box, if necessary, shall be furnished for the precinct involved.

(2) The provisions of this section allowing the examination of ballot boxes shall apply in the caseof an election contest regarding the seat of a member of the State Legislature. In such a case, theresults of the examination shall be reported by the applicable circuit clerk to the Clerk of theHouse of Representatives or the Secretary of the Senate, as the case may be.

§ 23-15-911 (Current)

§ 23-15-911. Control of ballot boxes and their contents after general or primary elections;examinations by candidates or their representatives

(1) When the returns for a box and the contents of the ballot box and the conduct of the electionthereat have been canvassed and reviewed by the county election commission in the case ofgeneral elections or the county executive committee in the case of primary elections, all thecontents of the box required to be placed and sealed in the ballot box by the managers shall bereplaced therein by the election commission or executive committee, as the case may be, and the

box shall be forthwith resealed and delivered to the circuit clerk, who shall safely keep andsecure the same against any tampering therewith. At any time within twelve (12) days after thecanvass and examination of the box and its contents by the election commission or executivecommittee, as the case may be, any candidate or his representative authorized in writing by himshall have the right of full examination of said box and its contents upon three (3) days' notice of



his application therefor served upon the opposing candidate or candidates, or upon any memberof their family over the age of eighteen (18) years, which examination shall be conducted in the

presence of the circuit clerk or his deputy who shall be charged with the duty to see that none ofthe contents of the box are removed from the presence of the clerk or in any way tampered with.Upon the completion of said examination the box shall be resealed with all its contents as

theretofore. And if any contest or complaint before the court shall arise over said box, it shall bekept intact and sealed until the court hearing and another ballot box, if necessary, shall befurnished for the precinct involved.

(2) The provisions of this section allowing the examination of ballot boxes shall apply in the caseof an election contest regarding the seat of a member of the State Legislature. In such a case, theresults of the examination shall be reported by the applicable circuit clerk to the Clerk of theHouse of Representatives or the Secretary of the Senate, as the case may be.

HISTORY: SOURCES: Derived from 1972 Code § 23-3-23 [Codes, 1942, § 3169; Laws, 1935,ch. 19; repealed by Laws, 1986, ch. 495, § 333]; en, Laws, 1986, ch. 495, § 279; Laws, 1987, ch.499, § 10; Laws, 2000, ch. 450, § 4, eff from and after August 7, 2000 (the date the United StatesAttorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 tothe amendment of this section).



COMPARISON OF § 3143, § 280 AND § 21-15-921

§ 3143 (1942)

Section 3143 , supra, is as follows: "A person desiring to contest the election of another personreturned as the nominee of the party to any county or beat office, may, within twenty days afterthe primary election, file a petition with the secretary, or any member of the county executivecommittee in the county in which fraud is alleged to have been perpetrated, setting forth thegrounds upon which the primary election is contested; and it shall be the duty of the executivecommittee to assemble by call of the chairman or three members of said committee, notice ofwhich contest shall be served five days before said meeting, and after notifying all partiesconcerned, proceed to investigate the allegations of fraud, and, by majority vote of members

present, declare the true results of such primary."

§ 3143 280 (1942 1986 )

Section 3143 , supra, is as follows: " A person desiring to contest the election of another personreturned as thethen nominee of the party to any county or beat office county district office, or asthe nominee of a legislative district composed of one county or less , may, within twenty (20) days after the primary election, file a petition with the secretary, or any member of the countyexecutive committee in the county in which fraud is alleged to have been perpetrated, settingforth the grounds upon which the primary election is contested; and it shall be the duty of theexecutive committee to assemble by call of the chairman or three (3) members of saidcommittee, notice of which contest shall be served five (5) days before said meeting, and afternotifying all parties concerned , proceed to investigate the allegations of fraud, and, by majorityvote of members present, declare the true results of such primary. "

§ 3143280 (19421986 23-15-921 (Current )

Except as otherwise provided by Section 3143 , supra, is as follows: "A 23-15-961, a persondesiring to contest the election of another person returned as thethen the nominee of the party toany county or beat officecounty county district office, or as the nominee of a legislative districtcomposed of one (1) county or less, may, within twenty (20) days after the primary election, filea petition with the secretary, or any member of the county executive committee in the county inwhich fraud is alleged to have been perpetrated the election was held , setting forth the groundsupon which the primary election is contested; and it shall be the duty of the executive committeeto assemble by call of the chairman or three (3) members of said committee, notice of whichcontest shall be served five (5) days before said meeting, and after notifying all partiesconcerned , proceed to investigate the allegations of fraud, grounds upon which the election iscontested and, by majority vote of members present, declare the true results of such primary. "



§ 23-15-921 (Current)

Except as otherwise provided by Section 23-15-961, a person desiring to contest the election ofanother person returned as the nominee of the party to any county or county district office, or asthe nominee of a legislative district composed of one (1) county or less, may, within twenty (20)

days after the primary election, file a petition with the secretary, or any member of the countyexecutive committee in the county in which the election was held, setting forth the grounds uponwhich the primary election is contested; and it shall be the duty of the executive committee toassemble by call of the chairman or three (3) members of said committee, notice of whichcontest shall be served five (5) days before said meeting, and after notifying all parties concerned

proceed to investigate the grounds upon which the election is contested and, by majority vote ofmembers present, declare the true results of such primary.

HISTORY: SOURCES: Derived from 1972 Code § 3143 [Codes, Hemingway's 1917, § 6425;1930, § 5896; Laws, 1908, ch. 136; repealed by Laws, 1986, ch. 495, § 346]; en, Laws, 1986, ch.495, § 280; Laws, 1988, ch. 577, § 3, eff from and after December 9, 1988 (the date the UnitedStates Attorney General interposed no objection to the amendment).




§ 3144 (1942)

"In state, congressional and judicial districts, upon complaint filed with the chairman of the stateexecutive committee by petition, reciting the allegations of fraud, and with the advice of fourmembers of said committee, the chairman shall issue his fiat to the chairman of the countyexecutive committee, where fraud is alleged to have been committed, and in like manner as incounty office, the county committee shall investigate the complaint and return their findings tothe chairman of the state committee, which shall declare the candidate nominated, whom thecorrected returns show is entitled to the same. And the same procedure shall apply to senatorialand flotorial contests in and by their respective executive committees."

§ 3144 281 (1942 1986 )

"In state, congressional and judicial districts, and in legislative districts composed of more thanone county or parts of more than one county, upon complaint filed with the chairman Chairman of the state executive committee State Executive Committee, by petition, reciting the allegationsof fraud, and with the advice of four (4) members of said committee, the chairman shall issue hisfiat to the chairman of the county executive committee , where fraud is alleged to have beencommitted, and in like manner as in the county office, the county committee shall investigate thecomplaint and return their findings to the chairman of the state committee, which shall declarethe candidate nominated , whom the corrected returns show is entitled to the same. And the same

procedure shall apply to senatorial and flotorial contests in and by their respective executivecommittees."

§ 3144281 (19421986 23-15-923 (Current )

"InExcept as otherwise provided in Section 23-15-961, a person desiring to contest the electionof another returned as the nominee in state, congressional and judicial districts, and in legislativedistricts composed of more than one (1) county or parts of more than one (1) county, uponcomplaint filed with the chairmanChairman Chairman of the state executive committeeState State Executive Committee, by petition, reciting the allegations of fraud, grounds upon which theelection is contested. If necessary and with the advice of four (4) members of said committee, thechairman shall issue his fiat to the chairman of the appropriate county executive committee ,where fraud is alleged to have been committed , and in like manner as in the county office, thecounty committee shall investigate the complaint and return their findings to the chairman of thestate committee , which . The State Executive Committee by majority vote of members present shall declare the candidate nominated, whom the corrected returns show is entitled to the same.And the same procedure shall apply to senatorial and flotorial contests in and by their respectiveexecutive committees." true results of such primary.



§ 23-15-923 (Current)

Except as otherwise provided in Section 23-15-961, a person desiring to contest the election ofanother returned as the nominee in state, congressional and judicial districts, and in legislativedistricts composed of more than one (1) county or parts of more than one (1) county, upon

complaint filed with the Chairman of the State Executive Committee, by petition, reciting thegrounds upon which the election is contested. If necessary and with the advice of four (4)members of said committee, the chairman shall issue his fiat to the chairman of the appropriatecounty executive committee, and in like manner as in the county office, the county committeeshall investigate the complaint and return their findings to the chairman of the state committee.The State Executive Committee by majority vote of members present shall declare the trueresults of such primary.

HISTORY: SOURCES: Derived from 1942 Code § 3144 [Codes, Hemingway's 1917, § 6426;1930, § 5897; Laws, 1908, ch. 136; repealed by Laws, ch. 495, § 346]; en, Laws, 1986, ch. 495,§ 281; Laws, 1988, ch. 577, § 4, eff from and after December 9, 1988 (the date the United States

Attorney General interposed no objection to the amendment).




§ 3182 (1942)

§ 3182. Judicial review – petition. – When and after any contest has been filed with the countyexecutive committee, or complaint with the State executive committee, and the said executivecommittee having jurisdiction shall fail to promptly meet or having met shall fail orunreasonably delay to fully act upon the contest or complaint, or shall fail to give the reasonable

promptness the full relief required by the facts and the law, the contestant shall have the rightforthwith to file in the circuit court of the county wherein the irregularities are charged to haveoccurred, or if more than one county to be involved then in one of said counties, a sworn copy ofhis said protest or complaint, together with a sworn petition, setting forth with particularitywherein the executive committee has wrongfully failed to act or to fully and promptly investigateor has wrongfully denied the relief prayed by said contest, with a prayer for a judicial reviewthereof. But such petition for a judicial review shall not be filed unless it bear the certificate oftwo practicing attorneys that they and each of them have fully made an independent investigationin to the matters of fact and of law upon which the protest and petition are based and that aftersuch investigation they verily believe that the said protest and petition should be sustained thatthe relief therein prayed should be granted, and the petitioner shall give a cost bond in the sum ofthree hundred dollars, with two or more sufficient sureties conditioned to pay all costs in case his

petition be dismissed, and an additional bond may be required, by the judge or chancellor, ifnecessary, at any subsequent stage of the proceedings.

§ 3182 283 (1942 1986 )

§ 3182. Judicial review – petition. – When and after any contest has been filed with the countyexecutive committee, or complaint with the State executive committee Executive Committee , andthe said executive committee having jurisdiction shall fail to promptly meet or having met shallfail or unreasonably delay to fully act upon the contest or complaint, or shall fail to give thewith reasonable promptness the full relief required by the facts and the law, the contestant shall havethe right forthwith to file in the circuit court of the county wherein the irregularities arecharged charges to have occurred, or if more than one county to be involved then in one (1) ofsaid counties, a sworn copy of his said protest or complaint, together with a sworn petition,setting forth with particularity wherein the executive committee has wrongfully failed to act or tofully and promptly investigate or has wrongfully denied the relief prayed by said contest, with a

prayer for a judicial review thereof. But such petition for a judicial review shall not be filedunless it bear the certificate of two (2) practicing attorneys that they and each of them have fullymade an independent investigation in to into the matters of fact and of law upon which the protestand petition are based and that after such investigation they verily believe that the said protestand petition should be sustained and that the relief therein prayed should be granted, and the

petitioner shall give a cost bond in the sum of three hundred dollars Three Hundred Dollars($300.00) , with two (2) or more sufficient sureties conditioned to pay all costs in case his petition

be dismissed, and an additional bond may be required, by the judge or chancellor, if necessary, atany subsequent stage of the proceedings. The filing of such petition for judicial review in themanner set forth above shall automatically supersede and suspend the operation and effect of theorder, ruling or judgment of the executive committee appealed from.



§ 3182283 (19421986 23-15-927 (Current )

§ 3182. Judicial review – petition. – When and after any contest has been filed with the countyexecutive committee, or complaint with the State executive committeeExecutive Executive Committee, and the said executive committee having jurisdiction shall fail fails to promptly meet

or , having met shall fail , fails or unreasonably delaydelays to fully act upon the contest orcomplaint , or shall fail fails to give thewith with reasonable promptness the full relief required bythe facts and the law, the contestant shall have the right forthwith to file in the circuit court of thecounty wherein in which the irregularities are chargedcharges charged to have occurred, or , ifmore than one (1) county to be is involved , then in one (1) of saidthe counties, a sworn copy ofhis said protest or complaint, together with a sworn petition, setting forth with particularitywherein how the executive committee has wrongfully failed to act or to fully and promptlyinvestigate or has wrongfully denied the relief prayed by saidthe contest, with a prayer for a

judicial review thereof. But such A petition for judicial review must be filed within ten (10) daysafter any contest or complaint has been filed with an executive committee. The petition for a

judicial review shall not be filed unless it bear bears the certificate of two (2) practicing attorneys

stating that they andhave each of them have fully made an independent investigation in tointo into the matters of fact and of law upon which the protest and petition are based , and that aftersuch the investigation they verily believe that the said protest and petition should be sustained andthat the relief therein prayed in the protest and petitions should be granted , and the ; the two (2)attorneys may not be practicing in the same law firm. The petitioner shall give a cost bond in thesum of three hundred dollarsThree Three Hundred Dollars ($ 300.00), with two (2) or moresufficient sureties conditioned to pay all costs in case his petition be dismissed, and an additional

bond may be required, by the judge or chancellor , if necessary, at any subsequent stage of the proceedings. The filing of such the petition for judicial review in the manner set forth above inthis section shall automatically supersede and suspend the operation and effect of the order,ruling or judgment of the executive committee appealed from. In no event shall a prayer forrelief be filed in any court other than the appropriate circuit court as authorized in this section.

§ 23-15-927 (Current)

When and after any contest has been filed with the county executive committee, or complaintwith the State Executive Committee, and the executive committee having jurisdiction fails to

promptly meet or, having met, fails or unreasonably delays to fully act upon the contest orcomplaint or fails to give with reasonable promptness the full relief required by the facts and thelaw, the contestant shall have the right forthwith to file in the circuit court of the county in whichthe irregularities are charged to have occurred, or, if more than one (1) county is involved, thenin one (1) of the counties, a sworn copy of his protest or complaint, together with a sworn

petition, setting forth with particularity how the executive committee has wrongfully failed to actor to fully and promptly investigate or has wrongfully denied the relief prayed by the contest,with a prayer for a judicial review thereof. A petition for judicial review must be filed within ten(10) days after any contest or complaint has been filed with an executive committee. The petitionfor a judicial review shall not be filed unless it bears the certificate of two (2) practicingattorneys stating that they have each fully made an independent investigation into the matters offact and of law upon which the protest and petition are based, and that after the investigation they

believe that the protest and petition should be sustained and that the relief prayed in the protest



and petitions should be granted; the two (2) attorneys may not be practicing in the same law firm.The petitioner shall give a cost bond in the sum of Three Hundred Dollars ($ 300.00), with two(2) or more sufficient sureties conditioned to pay all costs in case his petition be dismissed, andan additional bond may be required, by the judge, if necessary, at any subsequent stage of the

proceedings. The filing of the petition for judicial review in the manner set forth in this section

shall automatically supersede and suspend the operation and effect of the order, ruling or judgment of the executive committee appealed from. In no event shall a prayer for relief be filedin any court other than the appropriate circuit court as authorized in this section.

HISTORY: SOURCES: Derived from 1972 Code § 23-3-45 [Codes, 1942, § 3182; Laws, 1935,ch. 19; Laws, 1968, ch. 567, § 1; repealed by Laws, 1986, ch. 495, § 333]; en, Laws, 1986, ch.495, § 283; Laws, 2012, ch. 476, § 1, eff September 17, 2012 (the date the United StatesAttorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, tothe amendment of this section.)




§ 3142 (1942)

§ 3142. Executive committee to meet and canvass returns. – The county executive committeeshall meet on the first or second day after each primary election; shall receive and canvass thereturns, which must be made within the time fixed by law for returns of general elections, anddeclare the result, announce the name of the nominees for county and county district offices, andthe names of those candidates to be submitted to the second primary. The vote for state and statedistrict offices shall be tabulated by precincts and certified to and returned to the state executivecommittee, such returns to be mailed by registered letter or any safe mode of transmission withinthirty-six hours after the returns are canvassed and the result ascertained; and likewise to thesenatorial and flotorial executive committees those returns relating to those offices. The state andsaid district executive committees shall meet a week form the day following the first primaryelection held for state and state district offices, and shall proceed to canvass the returns, and todeclare the result, and announce the names of those nominated for the different offices n the first

primary, and the names of those candidates whose names are to be submitted to the second primary election. State and said district executive committees shall also meet a week form theday on which the second primary election was held and receive and canvass the returns for stateand district offices, if any, voted on in such second primary. An exact and full duplicate of alltabulations by precincts as certified under this section shall be filed with the circuit clerk of thecounty who shall safely preserve the same in his office.

§ 3142 190 (1942 1986 )

§ 3142. Executive committee to meet and canvass returns. – The county executive committeeshall meet on the first or second day after each primary election; shall receive and canvass thereturns , which must be made within the time fixed by law for returns of general elections , and

declare the result, and announce the name of the nominees for county and county district offices , and legislative offices for districts containing one (1) county or less, and the names of thosecandidates to be submitted to the second primary. The vote for state and state district offices andlegislative offices for districts containing more than one county or parts of more than one county shall be tabulated by precincts and certified to and returned to the state executive committee,such returns to be mailed by registered letter or any safe mode of transmission within thirty-six(36) hours after the returns are canvassed and the result ascertained ; and likewise to thesenatorial and flotorial executive committees those returns relating to those offices. The state andsaid district executive committees . The State Executive Committee shall meet a week form from the day following the first primary election held for state and state district offices and legislativeoffices for districts containing more than one county or parts of more than one county , and shall

proceed to canvass the returns , and to declare the result, and announce the names of thosenominated for the different offices nin the first primary , and the names of those candidates whosenames are to be submitted to the second primary election. State and said district executivecommittees The State Executive Committee shall also meet a week form from the day on whichthe second primary election was held and receive and canvass the returns for state and districtoffices, if any, and legislative offices for districts containing more than one county or parts ofmore than one county, if any, voted on in such second primary. An exact and full duplicate of all



tabulations by precincts as certified under this section shall be filed with the circuit clerk of thecounty who shall safely preserve the same in his office.

§ 3142190 (19421986 23-15-597 (Current )

§ 3142. Executive 23-15-597. Canvas of returns and announcement of results by executive committee to meet and canvass returns. –

(1) The county executive committee shall meet on the first or second day after each primaryelection ;, shall receive and canvass the returns , which must be made within the time fixed by lawfor returns of general elections , and declare the result, and announce the name of the nomineesfor county and county district offices , and legislative offices for districts containing one (1)county or less, and the names of those candidates to be submitted to the second primary. Thevote for state and, state district offices and legislative offices for districts containing more thanone county or parts of more than one county shall be tabulated by precincts and certified to andreturned to the state executive committee, such returns to be mailed by registered letter or anysafe mode of transmission within thirty-six (36) hours after the returns are canvassed and theresult ascertained ; and likewise to the senatorial and flotorial executive committees those returnsrelating to those offices. The state and said district . The state executive committees. The StateExecutive Committee committee shall meet a week formfrom from the day following the first

primary election held for state and , state district offices and legislative offices for districtscontaining more than one county or parts of more than one county , and shall proceed to canvassthe returns , and to declare the result, and announce the names of those nominated for thedifferent offices ninin the first primary , and the names of those candidates whose names are to besubmitted to the second primary election. State and said district The state executivecommitteesThe State Executive Committee committee shall also meet a week formfrom from theday on which the second primary election was held and receive and canvass the returns for stateand district offices, if any, and legislative offices for districts containing more than one county or

parts of more than one county , if any, voted on in such second primary. An exact and fullduplicate of all tabulations by precincts as certified under this section shall be filed with thecircuit clerk of the county who shall safely preserve the same in his office.

(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into awritten agreement with the circuit clerk or the county election commission authorizing the circuitclerk or the county election commission to perform any of the duties required of the countyexecutive committee pursuant to this section. Any agreement entered into pursuant to thissubsection shall be signed by the chairman of the county executive committee and the circuitclerk or the chairman of the county election commission, as appropriate. The county executivecommittee shall notify the state executive committee and the Secretary of State of the existenceof such agreement.

(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into awritten agreement with the municipal clerk or the municipal election commission authorizing themunicipal clerk or the municipal election commission to perform any of the duties required ofthe municipal executive committee pursuant to this section. Any agreement entered into pursuantto this subsection shall be signed by the chairman of the municipal executive committee and the



municipal clerk or the chairman of the municipal election commission, as appropriate. Themunicipal executive committee shall notify the state executive committee and the Secretary ofState of the existence of such agreement.

§ 23-15-597 (Current)

§ 23-15-597. Canvas of returns and announcement of results by executive committee

(1) The county executive committee shall meet on the first or second day after each primaryelection, shall receive and canvass the returns which must be made within the time fixed by lawfor returns of general elections and declare the result, and announce the name of the nomineesfor county and county district offices and the names of those candidates to be submitted to thesecond primary. The vote for state, state district offices and legislative offices shall be tabulated

by precincts and certified to and returned to the state executive committee, such returns to bemailed by registered letter or any safe mode of transmission within thirty-six (36) hours after thereturns are canvassed and the result ascertained. The state executive committee shall meet aweek from the day following the first primary election held for state, state district offices andlegislative offices, and shall proceed to canvass the returns and to declare the result, andannounce the names of those nominated for the different offices in the first primary and thenames of those candidates whose names are to be submitted to the second primary election. Thestate executive committee shall also meet a week from the day on which the second primaryelection was held and receive and canvass the returns for state and district offices, if any, andlegislative offices, if any, voted on in such second primary. An exact and full duplicate of alltabulations by precincts as certified under this section shall be filed with the circuit clerk of thecounty who shall safely preserve the same in his office.

(2) (a) If it is eligible under Section 23-15-266, the county executive committee may enter into awritten agreement with the circuit clerk or the county election commission authorizing the circuitclerk or the county election commission to perform any of the duties required of the countyexecutive committee pursuant to this section. Any agreement entered into pursuant to thissubsection shall be signed by the chairman of the county executive committee and the circuitclerk or the chairman of the county election commission, as appropriate. The county executivecommittee shall notify the state executive committee and the Secretary of State of the existenceof such agreement.

(b) If it is eligible under Section 23-15-266, the municipal executive committee may enter into awritten agreement with the municipal clerk or the municipal election commission authorizing themunicipal clerk or the municipal election commission to perform any of the duties required ofthe municipal executive committee pursuant to this section. Any agreement entered into pursuantto this subsection shall be signed by the chairman of the municipal executive committee and themunicipal clerk or the chairman of the municipal election commission, as appropriate. Themunicipal executive committee shall notify the state executive committee and the Secretary ofState of the existence of such agreement.



HISTORY: SOURCES: Derived from 1942 Code § 3142 [Codes, 1906, § 3705; Hemingway's1917, § 6397; 1930, § 5895; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346];en, Laws, 1986, ch. 495, § 190; Laws, 2001, ch. 523, § 7; Laws, 2010, ch. 320, § 3, eff July 15,2010 (the date the United States Attorney General interposed no objection under Section 5 of theVoting Rights Act of 1965, to the amendment of this section.)




§ 3146 (1942)

§ 3146. Tabulated vote to be furnished secretary of state. – The chairmen of the state,senatorial and flotorial executive committees respectfully, shall transmit to the secretary of statea tabulated statement of the party vote cast in each county in each state and district election,which statement shall be filed by the secretary of state and preserved among the records of hisoffice.

§ 3146 191 (1942 1986 )

§ 3146. Tabulated vote to be furnished secretary of state. – The chairmen of the state,senatorial and flotorial executive committees respectfully, The Chairmen of the State ExecutiveCommittee shall transmit to the secretary Secretary of stateState a tabulated statement of the party

vote cast in each county in each state and state district election, and each legislative election fordistricts consisting of more than one county or parts of more than one county, which statementshall be filed by the secretary Secretary of state State and preserved among the records of hisoffice.

§ 3146191 (19421986 23-15-599 (Current )

§ 3146. Tabulated vote to be furnished secretary of state. – The chairmen of the state,senatorial and flotorial executive committees respectfully,The Chairmen 23-15-599. Tabulatedstatement of party vote

(1) (a) Within ten (10) days after the first primary election and within ten (10) days after thesecond primary election, if any, the Chairman of the State Executive Committee shall transmit tothe secretarySecretary of stateState Secretary of State a tabulated statement of the party vote cast in each county and precinct in each county in each state and state district election, and eachlegislative election for districts consisting of more than one (1) county or parts of more than onecounty, which statement shall be filed by the secretarySecretary of stateState and preservedamong the records of his office. (1) county. The statement shall be transmitted by the StateExecutive Committee on such forms and by such methods as may be required by rules andregulations promulgated by the Secretary of State. The statement shall be filed by the Secretaryof State and preserved among the records of his office.

(b) The statement provided for in paragraph (a) of this subsection shall contain a certificationsigned and dated by the Chairman of the State Executive Committee, which shall read asfollows:

"I , Chairman of the Party State Executive Committee, do hereby certify that, on a majority voteof the Party State Executive Committee, these vote totals for each county and for each candidate



are the official vote totals for the election reflected therein."

(2) (a) Within ten (10) days after the first primary election and within ten (10) days after thesecond primary election, if any, the county executive committee shall transmit to the Secretary ofState a tabulated statement of the party vote cast in their county and each precinct in their county

in each election for county and county district office and each election for legislative office fordistricts containing one (1) county or less. The statement shall be transmitted by the countyexecutive committee on such forms and by such methods as may be required by rules andregulations promulgated by the Secretary of State. The statement shall be filed by the Secretaryof State and preserved among the records of his office.

(b) The statement provided for in paragraph (a) of this subsection shall contain a certificationsigned and dated by the majority of the members of the county executive committee, which shallread as follows:

"We, the undersigned members of the county executive committee, do hereby certify that these

vote totals for each candidate are the official vote totals for the election reflected therein."

§ 23-15-599 (Current)

§ 23-15-599. Tabulated statement of party vote

(1) (a) Within ten (10) days after the first primary election and within ten (10) days after thesecond primary election, if any, the Chairman of the State Executive Committee shall transmit tothe Secretary of State a tabulated statement of the party vote cast in each county and precinct ineach county in each state and state district election, and each legislative election for districtsconsisting of more than one (1) county or parts of more than one (1) county. The statement shall

be transmitted by the State Executive Committee on such forms and by such methods as may berequired by rules and regulations promulgated by the Secretary of State. The statement shall befiled by the Secretary of State and preserved among the records of his office.

(b) The statement provided for in paragraph (a) of this subsection shall contain a certificationsigned and dated by the Chairman of the State Executive Committee, which shall read asfollows:

"I , Chairman of the Party State Executive Committee, do hereby certify that, on a majority voteof the Party State Executive Committee, these vote totals for each county and for each candidateare the official vote totals for the election reflected therein."

(2) (a) Within ten (10) days after the first primary election and within ten (10) days after thesecond primary election, if any, the county executive committee shall transmit to the Secretary ofState a tabulated statement of the party vote cast in their county and each precinct in their countyin each election for county and county district office and each election for legislative office fordistricts containing one (1) county or less. The statement shall be transmitted by the county



executive committee on such forms and by such methods as may be required by rules andregulations promulgated by the Secretary of State. The statement shall be filed by the Secretaryof State and preserved among the records of his office.

(b) The statement provided for in paragraph (a) of this subsection shall contain a certification

signed and dated by the majority of the members of the county executive committee, which shallread as follows:

"We, the undersigned members of the county executive committee, do hereby certify that thesevote totals for each candidate are the official vote totals for the election reflected therein."

HISTORY: SOURCES: Derived from 1942 Code § 3146 [Codes, 1905, § 3724; Hemingway's1917, § 9415; 1930, § 5899; repealed by Laws, 1970, ch. 506, § 33, and 1986, ch. 495, § 346];en, Laws, 1986, ch. 495, § 191; Laws, 2002, ch. 534, § 2, eff July 29, 2002 (the date the UnitedStates Attorney General interposed no objection under Section 5 of the Voting Rights Act of1965, to the amendment of this section.)

thad cochran reply brief in support of motion to dismiss 082714

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